The Marion County Election Board is investigating whether Indiana Secretary of State Diego Morales violated election law by using video from an official visit in a campaign ad.
Morales, a Republican, is the state’s top election official. Earlier this month, he released a 5-minute campaign video announcing his plans to run for reelection next year.
The ad features footage of Morales taken during an official visit to the Marion County Election Service Center on Election Day 2024, according to Marion County Election Board Director Patrick Becker. The video was shared on the secretary of state’s Facebook page in a post thanking volunteers, Becker said. In May, that footage was included in a campaign video.
The three-member Marion County Election Board voted Wednesday to investigate whether the ad violates Indiana election law.
“I think it's important to have an understanding of what actually happened and occurred,” said vice-chair Jennifer Ping.
The investigation will be led by election board staff. The board could make a referral to the attorney general or the prosecuting attorney, according to Brad Boswell, an attorney with Faegre Drinker advising the election board.
In an email to WFYI, communications director Lindsey Eaton for the Indiana Secretary of State wrote that the office is not involved with the campaign.
“The video being referred to is from Election Day recap videos that were posted on the office’s official social media platforms,” Eaton wrote. “Footage or photos posted to government agencies’ public platforms are subject to public use.”
Morales’ campaign did not respond to a request for comment.
Marion County Clerk Kate Sweeney Bell, a Democrat who also sits on the election board, raised concerns about the video with Morales’ office and campaign in a May 7 letter.
Marion County volunteers and staff featured in the ad did not consent to and had no knowledge they would be included in the ad, wrote Bell. She asked his campaign to stop using and sharing the video.
The video was taken in areas that are accessible only to credentialed individuals, and Morales was visiting in official capacity and accompanied by state employees, Bell wrote. “Indiana law prohibits government employees’ using government property to carry out campaign-related activities.”
The secretary of state’s office responded to the letter by suggesting it was not the appropriate contact. In an email to Bell, Jerold Bonnet, general counsel for the Office of the Indiana Secretary of State, wrote “I’d like to let you know politely, but firmly, that neither I nor the Office of the Secretary of State are involved with candidates or candidate committees.”
Contact WFYI education reporter Dylan Peers McCoy at dmccoy@wfyi.org.